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Edit question Choose a contract in your organization then answer the following q

ID: 1712109 • Letter: E

Question

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Choose a contract in your organization then answer the following questions (giving reasons for your answers.

1. Part 1 Offer and acceptance are essential elements in the formation of a contract. Explain the offer and acceptance phases of your contract.

2. Part2 Discuss the subject matter of the contract .for example, does it involve the purchase of equipment or the provision of services or is it of some other nature.

3. Part3 The contents of a contract and its items. From your contract, identify and discuss a term that is a condition and a term that is warranty and explain why. For example the right of the landlord to increase the fee of the lease, the duty of the employee not to work with any competitor after leaving the employer, or the buyer has checked the product and accept to buy it as it is.

4.Part 4 Disputes often arise during the performance of the term of a contract. Discuss the mechanisms in your contract for the resolution of disputes .(litigation, arbitration, moderation, mediation, …..etc).

5. Part 5 Describe the contract management practices, which were followed that supported the implementation of the contract. In your answer, address the issue of how effective management practices protected the parties to the contract from legal action or how ineffective management practices exposed them to legal action. Management contract may include how the administration manages the contract, how they renew it, how they review it and improve it to avoid any legal disputes in future. In addition, you can mention if there is a regular external review to the contracts by a legal advisor /law office to update them in accordance with the laws of the country

Explanation / Answer

So I worked as the engineer at a contruction site of the meuseum and that included the children's park.

Before the contract is to be presented, as the engineer of the company we have to prepare for the tenders and while preparing for it, we have to consider the basic and the important parts of the projects, those includes:

1.which standards for the construction to be followed (eg.the Building codes, International commercial or the residential codes, etc.)

2. the types and the duration of the project and the lumpsum amount that should be there before the construction

3.the starting and the completion of the projects

4.whether the need of one or more type of contractors for the completion wrork.

So these tender will be be published through social medias,radio,tv,newspapers,etc.And after this the contractors will submit for the tender and that is to evaluated by the engineers of the company.

So the engineer before awarding the tender to the contractor have to confirm that:

-whether the contractor is competent for the completion of work or not.

-whether the contractor have done type of work previously or not

-the contactor is offering at a fixed rate,lump sum rate ot item rate contract

-whether the contractor is having the required instrument for the comp[letion of the work and if not then how can he manage.

-the cotractor have enough to offer for the mortagage if he fails to complete the project.

2nd)So after checking the necessary conditions as the engineer of the company,we proceed for offering the contract to the contractor.the points of the contract are:

-the day of the completion of the project

-the codes for the construction to be followed by the contractor

-the site of the contruction, and who will be paying for the interest of the rent of the land to the landlord

-for the safety of the workers what codes he will follow(eg-OHSAS)

-the contractor will be having subcontractors,if yes then their details

-How the contractor manages the shortage of the raw meterials

-the contractor, if not having the necessary eqipment then how will me manage

-if he is lending the equipment then who will be paying for the interest of the equipment

-if the involvement of the company engineer will be there or the project will be turn key project

-how frequently does the audit of the work will be done

-the nature of the audits (generally internal)

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